RESEARCH PROJECT OF THE MILAN POLITICAL SCIENCE UNIT
- MODEL B
Year 2005 - prot. 2005127580_002
Year 2005 - prot. 2005127580_002
general interest). To this target we will analyse the legal framework in force in Italy, with an approach from the historic point of
view, which allow us to appreciate the evolution of the system and the extension in progress of the importance of Community Law.
We will stress out not only the rules, but also the most meaningful trend of administrative and jurisdisprudential interpretations of
both ordinary and constitutional judges, in addition to the praxis.
A special attention will be paid, according with the most relevant doctrine, to the pointing out of successes and malfunctions of the
present legal system.
We will also present ways of inclusion of public targets (which cannot be touched according to market playing rules) related to the
services: a) through decision of ruling Authorities; b) through traditional administrative tools (such as authorizations, conventions,
controls etc.; c) through heavier public intervention (such as programs, concertated planification, service contract, program
agreement. It will be necessary to check the efficiency (present or potential) of the principle of horizontal subsidiarity, that could
appear of an importance not yet imagined according to the new art. 118 that expressly refers to the "activity of general interest". The
principle of the horizontal subsidiarity will give us the chance to detail possible application proceedings. Also in such a case a
special meaning assume the modalities of financement of the operations of this principle, through public financial allocations or
through new financial tools to be identified and used.
Some important indication will come out from the comparation with some European national experiences. Namely it will be useful
to verify the different ways by which the national legal systems interact with Community Law , evidencing anomalies and differences
in the frame of communication and exchange of best practice.
To this aim we must take into account an open approach which will mix the study of legal profiles with the attention to the special
rules governing economical phenomena, through the application of typical methodologies of Law and Economics.
In the second part of research, being the second year of activity, we will study specifically electronic communications and services to
individuals.
As far as electronic communications are concerned firstly we will point out the relationship existing among different government
levels (International, European, State and Local). Such relations should be analysed with specific reference either to the
international law or to the constitutional rules governing the access of Italian legal system to international and community law.
Secondly, it will be needed to think about the role assigned on internal level to the Authority (Autorità per le garanzie nelle
comunicazioni) and namely about its being from one side Regulation Authority independent from Government as institution and in its
activity, but "depending" from European Commission, and from another side Authority of guarantee tutor of the pluralism in radio
and television sector.
Last, we should question if and how it would be possible involve Regions and Local Bodies in the governance of the system in order
to ensure, according to the principle of subsidiarity, that each territorial body could participate in that part of decisions directly
affecting them.
As far as services to individuals are concerned, firstly, we will outline the proceedings that, presently, ensure "the essential level of
services" that guarantee the related social rights or that, according to a different point of view, are conditioning financially some
rights. For gas and electricity services, in particularly, the Research will, overall, outline the possibility to introduce social elements
in the services frameworks; with particular reference to the introduction of social tariffs or specific social missions, such as energy
supply when natural disaster; further it will be essential verify the conditions for balancing social policies and efficiency and
profitability.
The services to individuals, traditionally being qualified by public intervention, are nowadays more and more managed according to
private tools of management not only as far as the ruling of services contracts but also as far as the nature of supplier. For these
reason we are moving from a concept of public function to notions of public service and from these ones, considered in traditional
sense to those, in Community sense, of services of general economic interest.
The process of transformation of the services to individuals, started immediately after that involving technological services, risks
now to take the role of this last one , looking as a major and complete change of existing assets. The same process of transformation
demands a special consideration of importance of economic aspects of organization and management and of the problem of their
financement (when market principles could not be applicable or when the public ruler decides to apply better easy terms in
comparison with market ones).
In the Research will come out, namely in the second year the economic profiles of service activities and their important fall out on
rules and regulations. Always in the second step , should be put into evidence either procedures and modalities of grant system and
such elements should be compared with affirmed public targets.
